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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Downstate Forest Preserve District Act is | |||||||||||||||||||
5 | amended by changing Section 6 as follows:
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6 | (70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
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7 | Sec. 6. Acquisition of property. Any such District shall | |||||||||||||||||||
8 | have power to
acquire lands and
and grounds
for the aforesaid | |||||||||||||||||||
9 | purposes by lease, or in fee simple by gift, grant, legacy,
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10 | purchase or condemnation, or to acquire easements in land, and | |||||||||||||||||||
11 | to construct,
lay out, improve and maintain wells, power | |||||||||||||||||||
12 | plants, comfort stations,
shelter houses, paths, driveways, | |||||||||||||||||||
13 | public roads, roadways and other
improvements and facilities in | |||||||||||||||||||
14 | and through such forest preserves as they
shall deem necessary | |||||||||||||||||||
15 | or desirable for the use of such forest preserves by
the public | |||||||||||||||||||
16 | and may acquire, develop, improve and maintain waterways in
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17 | conjunction with the district. No district with a population | |||||||||||||||||||
18 | less than
600,000 shall have the power to purchase, condemn, | |||||||||||||||||||
19 | lease or acquire an
easement in property within a municipality | |||||||||||||||||||
20 | without the concurrence of the
governing body of the | |||||||||||||||||||
21 | municipality, except where such district is acquiring
land for | |||||||||||||||||||
22 | a linear park or trail not to exceed 100 yards in width or is
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23 | acquiring land contiguous to an existing park or forest |
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1 | preserve, and no
municipality shall annex any land for the | ||||||
2 | purpose of defeating a District
acquisition once the District | ||||||
3 | has given notice of intent to acquire a
specified parcel of | ||||||
4 | land. No district with a population of less than
500,000 shall | ||||||
5 | (i) have the power
to condemn property for a linear park or | ||||||
6 | trail within a municipality
without the concurrence of the
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7 | governing body of the municipality or (ii) have the power to
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8 | condemn property for a linear park or
trail in an | ||||||
9 | unincorporated area without the concurrence of the governing
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10 | body of the township within which the property is located or | ||||||
11 | (iii) once
having commenced a proceeding to acquire land by | ||||||
12 | condemnation, dismiss or
abandon that proceeding without the | ||||||
13 | consent of the property owners.
No district shall establish a | ||||||
14 | trail surface within 50 feet of an occupied
dwelling which was | ||||||
15 | in existence prior to the approval of the acquisition by
the | ||||||
16 | district without obtaining permission of the owners of the | ||||||
17 | premises or
the concurrence of the governing body of the | ||||||
18 | municipality or township within
which the property is located. | ||||||
19 | All acquisitions of land by a district with a
population less | ||||||
20 | than 600,000
within 1 1/2 miles of a municipality shall be | ||||||
21 | preceded by a conference with
the mayor or president of the | ||||||
22 | municipality or his designated agent. If a
forest preserve | ||||||
23 | district is in negotiations for acquisition of land with
owners | ||||||
24 | of land adjacent to a municipality, the annexation of that land
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25 | shall be deferred for 6 months. The district shall have no | ||||||
26 | power to acquire
an interest in real estate situated outside |
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1 | the district by the exercise of
the right of eminent domain, by | ||||||
2 | purchase or by lease, but shall have the
power to acquire any | ||||||
3 | such property, or an easement in any such property,
which is | ||||||
4 | contiguous to the district by gift, legacy, grant, or lease
by | ||||||
5 | the State of Illinois, subject to
approval of the county board | ||||||
6 | of the county, and of any forest preserve
district or | ||||||
7 | conservation district, within which the property is located.
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8 | The district shall have the same control of and power over | ||||||
9 | land, an
interest in which it has so acquired, as over forest | ||||||
10 | preserves within the
district. If any of the powers to acquire | ||||||
11 | lands and hold
or improve the same given to Forest Preserve | ||||||
12 | Districts, by Sections 5
and 6 of this Act should be held | ||||||
13 | invalid, such invalidity shall not
invalidate the remainder of | ||||||
14 | this Act or any of the other powers herein
given and conferred | ||||||
15 | upon the Forest Preserve Districts. Such Forest
Preserve | ||||||
16 | Districts shall also have power to lease not to exceed 40 acres
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17 | of the lands and grounds acquired by it, for a term of not more | ||||||
18 | than 99
years to veterans' organizations as grounds for | ||||||
19 | convalescing sick and
disabled veterans, and as a place upon | ||||||
20 | which to construct rehabilitation
quarters, or to a county as | ||||||
21 | grounds for a county nursing home or
convalescent home. Any | ||||||
22 | such Forest Preserve District shall also have
power to grant | ||||||
23 | licenses, easements and rights-of-way for the
construction, | ||||||
24 | operation and maintenance upon, under or across any
property of | ||||||
25 | such District of facilities for water, sewage, telephone,
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26 | telegraph, electric, gas or other public service, subject to |
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1 | such terms
and conditions as may be determined by such | ||||||
2 | District. | ||||||
3 | Any such District may purchase, but not condemn, a parcel | ||||||
4 | of land and sell a
portion thereof for not less than fair | ||||||
5 | market value pursuant to resolution
of the Board. Such | ||||||
6 | resolution shall
be passed by the affirmative vote of at least | ||||||
7 | 2/3 of all members of the
board within 30 days after | ||||||
8 | acquisition by the district of such parcel.
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9 | Whenever the board of any forest preserve district | ||||||
10 | determines that
the public interest will be subserved by | ||||||
11 | vacating any street, roadway,
or driveway, or part thereof, | ||||||
12 | located within a forest preserve, it may
vacate that street, | ||||||
13 | roadway, or driveway, or part thereof, by an
ordinance passed | ||||||
14 | by the affirmative vote of at least 3/4 of
all the members of | ||||||
15 | the board, except that the affirmative vote of at least
6/7 of | ||||||
16 | all the members of the board is required if the board members | ||||||
17 | are
elected under Section 3c of this Act. This vote shall be | ||||||
18 | taken by ayes and
nays and entered in the records of the board.
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19 | The determination of the board that the nature and extent | ||||||
20 | of the
public use or public interest to be subserved is such as | ||||||
21 | to warrant the
vacation of any street, roadway, or driveway, or | ||||||
22 | part thereof, is
conclusive, and the passage of such an | ||||||
23 | ordinance is sufficient evidence
of that determination, | ||||||
24 | whether so recited in the ordinance or not. The
relief to the | ||||||
25 | public from further burden and responsibility of
maintaining | ||||||
26 | any street, roadway or driveway, or part thereof,
constitutes a |
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1 | public use or public interest authorizing the vacation.
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2 | Nothing contained in this Section shall be construed to | ||||||
3 | authorize the
board of any forest preserve district to vacate | ||||||
4 | any street, roadway, or
driveway, or part thereof, that is part | ||||||
5 | of any State or county highway.
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6 | When property is damaged by the vacation or closing of any | ||||||
7 | street,
roadway, or driveway, or part thereof, damage shall be | ||||||
8 | ascertained and
paid as provided by law.
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9 | Except in cases where the deed, or other instrument | ||||||
10 | dedicating a
street, roadway, or driveway, or part thereof, has | ||||||
11 | expressly provided
for a specific devolution of the title | ||||||
12 | thereto upon the abandonment or
vacation thereof, and except | ||||||
13 | where such street, roadway or driveway, or
part thereof, is | ||||||
14 | held by the district by lease, or where the district holds
an | ||||||
15 | easement in the land included within the street, roadway or | ||||||
16 | driveway,
whenever any street, roadway, or driveway, or part
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17 | thereof is vacated under or by virtue of any ordinance of any | ||||||
18 | forest
preserve district, the title to the land in fee simple | ||||||
19 | included within
the street, roadway, or driveway, or part | ||||||
20 | thereof, so vacated vests in
the forest preserve district.
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21 | The board of any forest preserve district is authorized to | ||||||
22 | sell at
fair market price, gravel, sand, earth and any other | ||||||
23 | material obtained
from the lands and waters owned by the | ||||||
24 | district.
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25 | For the purposes of this Section, "acquiring land" includes | ||||||
26 | acquiring a
fee simple, lease or easement in land.
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1 | (Source: P.A. 93-247, eff. 7-22-03.)
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